Imágenes de páginas
PDF
EPUB

In R. v. Feist, Dears. & B. C. C. 590; 27 L. J., M. C. 164, the defendant was master of a workhouse, and had lawful possession of the bodies of deceased paupers. He was in the habit of having the appearance of a funeral gone through with a view of preventing the relatives requiring that the bodies should be buried without being subject to anatomical examination, and the jury found that but for that deception the relatives would have required the bodies to be so buried. The bodies, instead of being buried, as was supposed by the relatives, were delivered to an hospital for the purpose of undergoing anatomical examination, and for this service the master received from the hospital a sum of money. The prisoner was found guilty of an offence at common law in disposing of a body for the purpose of dissection; but the question was reserved, whether the defendant was *protected by s. 7 of the above act. The Court of Criminal [*447 Appeal held that he was, as the requirement mentioned in that section had not been actually made. Willes, J., pointed out that this was an offence specially provided for by the 7 & 8 Vict. c. 101,

s. 31.

It would seem that cremation is illegal. Williams v. Williams, 20 Ch. D. 659; 61 L. J. Ch. 388. But Mr. Justice Stephen, at the Glamorganshire assizes, February, 1884, charged the grand jury to the contrary effect. R. v. Price, 12 Q. B. D. 247; 39 L. J., M. C. 51; "If the cremation is intended to prevent a coroner's inquisition it is a misdemeanor. See Reg. v. Stephenson, L. R. W. N. July 5, 1884, p. 160."

So much of the 9 Geo. 4, c. 31, as relates to the dissection of dead bodies of persons condemned to death is repealed by the 2 & 3 Will. 4, c. 75, s. 7.

[blocks in formation]

Stealing deer. The former statutes with regard to the offence of stealing deer are repealed by the act of 7 & 8 Geo. 4, c. 27, and the law upon the subject is now comprised in the 24 & 25 Vict. c. 96.

By s. 12, "whosoever shall unlawfully and wilfully course, hunt, snare, or carry away, or kill or wound, or attempt to kill or wound, any deer kept or being in the uninclosed part of any forest, chase, or purlieu, shall for every such offence, on conviction thereof before a justice of the peace, forfeit and pay such sum, not exceeding fifty pounds, as to the justice shall seem meet; and whosoever having been previously convicted of any offence relating to deer for which a pecuniary penalty shall have been imposed, by this or by any former act of parliament, shall afterwards commit any of the offences hereinbefore enumerated, whether such second offence be of the same description as the first or not, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement; and, if a male under the age of sixteen years, with or without whipping."

By s. 13, "whosoever shall unlawfully and wilfully course, hunt, snare, or carry away, or kill or wound, or attempt to kill or wound, any deer kept or being in the inclosed part of any forest, chase, or purlieu, or in any inclosed land where deer shall be usually kept, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement; and, if a male under the age of sixteen years, with or without whipping."

The word "deer," in this statute, includes all ages and both sexes; "a fawn," therefore. R. v. Strange, 1 Cox, C. C. 58.

By s. 14 of the above statute, suspected persons found in possession of venison, etc., and not satisfactorily accounting for the same, are rendered liable to penalty not exceeding 201.

By s. 15, persons setting snares or engines for the purpose of taking or killing deer, or destroying the fences of land where deer shall be kept, on conviction before a justice, shall forfeit a sum not exceeding 201.

Power of deer-keepers, etc., to seize guns. By s. 16 of the above statute, "if any person shall enter into any forest, chase, or purlieu,

whether inclosed or not, or into any inclosed land where deer shall be usually kept, with intent unlawfully to hunt, course, wound, kill, *snare, or carry away any deer, it shall be lawful for every [*449 person intrusted with the care of such deer, and for any of his assistants, whether in his presence or not, to demand from every such offender any gun, fire-arms, snare, or engine, in his possession, and any dog there brought for hunting, coursing, or killing deer; and in case such offender shall not immediately deliver up the same, may seize and take the same from him in any of those respective places, or, upon pursuit made, in any other place, to which he may have escaped therefrom, for the use of the owner of the deer.

Assaulting deer-keepers or their assistants. By the same section "if any such offender (vide supra) shall unlawfully beat or wound any person intrusted with the care of the deer, or any of his assistants, in the execution of any of the powers given by this act, every such offender shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years, with or without hard labor, and with or without solitary confinement; and, if a male under the age of sixteen years, with or without whipping."

Pulling a deer-keeper to the ground, and holding him there while another person escapes, is not a beating of the deer-keeper within this section. There must be a beating in the popular sense of the word; proof of a bare legal battery only is insufficient. Per Maule, J., in R. v. Hale, 2 C. & K. 326, 61 E. C. L.

*450]

*DISTURBING PUBLIC WORSHIP.

By the 52 Geo. 3, c. 155 (E.), s. 12, "if any person or persons, at any time after the passing of this act, do and shall wilfully and maliciously and contemptuously disquiet or disturb any meeting, assembly, or congregation of persons assembled for religious worship, permitted or authorized by this act, or any former act or acts of parliament, or shall in any way disturb, molest, or misuse any preacher, teacher, or person officiating at such meeting, assembly, or congregation, or any person or persons there assembled, such person or persons so offending, upon proof thereof, before any justice of the peace by two or more credible witnesses, shall find two sureties, to be bound by recognizances in the penal sum of fifty pounds, to answer such offence, and in default of such sureties shall be committed to prison, there to remain till the next general or quarter sessions; and upon conviction of the said offence at the said quarter sessions, shall suffer the pain and penalty of forty pounds.'

Upon an indictment found at the sessions under the Toleration Act, 1 Will. & M. c. 18, for disturbing a dissenting congregation, it was held that, upon conviction, each defendant was liable to the penalty of twenty pounds imposed by that statute. R. v. Hube, 5 T. R. 542 ; Peake, N. P. 180.

This offence may be tried at the sessions, 52 Geo. 3, c. 155, s. 12, supra, or in the King's Bench, or at the assizes, if removed by certiorari from the sessions. R. v. Hube, supra; R. v. Wadley, 4 M. & S. 508.

Now, however, the 23 & 24 Vict. c. 32 (E. & I.), which abolishes the jurisdiction of the ecclesiastical courts in cases of brawling, provides for the recovery in a summary manner of a penalty of not more than five pounds for any disturbance in any recognized place of worship whatsoever, whether during the celebration of divine service or not. And it seems that any disturbance of a congregation assembled according to law would be indictable at common law (1 Hawk. c. 28, s. 23; 1 Keb. 491), more particularly if arising out of any previous conspiracy for the purpose. See, moreover, I Gab. Crim. Law of Ireland, 294, 295.

As to assaults on clergymen, see 24 & 25 Vict. c. 100, s. 56, supra, p. 231.

1

Maliciously disturbing or interrupting a lawful assembly, such as a meeting of school directors, is indictable as a misdemeanor at common law. Campbell v. Commonwealth, 59 Pa. St. 266. S.

For indictments under statutes, see Commonwealth v. Jennings, 3 Grat. (Va.) 624; Kinney v. State, 38 Ala. 224; Williams v. State, 3 Sneed, (Tenn.) 313; Wood v. State, 11 Tex. App. 318; Hollingsworth v. State, 5 Sneed, (Tenn.) 518.

[blocks in formation]

not

Stealing dogs. By the 24 & 25 Vict. c. 96, s. 18, "Whosoever shall steal any dog shall, on conviction thereof before two justices of the peace, either be committed to the common gaol or house of correction, there to be imprisoned, or to be imprisoned and kept to hard labor, for any term not exceeding six months, or shall forfeit and pay, over and above the value of the said dog, such sum of money, exceeding twenty pounds, as to the said justices shall seem meet; and whosoever, having been convicted of any such offence, either against this or any former act of parliament, shall afterwards steal any dog, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding eighteen months, with or without hard labor."

Having possession of stolen dogs. By s. 19, "Whosoever shall unlawfully have in his possession or on his premises any stolen dog, or the skin of any stolen dog, knowing such dog to have been stolen, or such skin to be the skin of a stolen dog, shall, on conviction thereof before two justices of the peace, be liable to pay such sum of money, not exceeding twenty pounds, as to such justices shall seem meet; and whosoever, having been convicted of any such offence, either against this or any former act of parliament, shall afterwards be guilty of any such offence as in this section before mentioned, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding eighteen months, with or without hard labor."

Taking money to restore dogs. By s. 20, "Whosoever shall corruptly take any money or reward, directly or indirectly, under pretence or upon account of aiding any person to recover any dog which shall have been stolen or which shall be in the possession of any person not being the owner thereof, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding eighteen months, with or without hard labor."

A dog is not a chattel within the meaning of the statute relating to obtaining property by false pretences; R. v. Robinson, 1 Bell, C. C. 34; 28 L. J., M. C. 58.

« AnteriorContinuar »